United States v. Jimmy J. Walker

Walker appeals from a denial of his motion to correct an alleged illegal sentence. We affirm.

On October 14, 1970, Walker was charged and indicted, along with codefendants not parties to this appeal, with conspiracy to possess, importation, and knowing concealment and transportation of heroin, violations of 21 U.S.C. § 174 . On November 30, 1970, Walker pleaded guilty to Count Three of the indictment, knowing concealment and transportation of a controlled substance. The other two counts of the indictment were dismissed on the Government’s motion. Walker was subsequently brought before the District Court for sentencing, and upon his motion, a continuance was granted to determine if he was eligible for commitment under the Narcotics Addicts Rehabilitation Act [NARA], 18 U.S.C. § 4253 . Relying upon defense counsel’s representation that Walker was ineligible for NARA commitment due to a previous felony conviction in state court for assault by force, the District Court sentenced appellant to a five-year penal term of imprisonment with leave to bring a motion to modify the sentence should Walker later be able to demonstrate qualification for NARA commitment.

On April 30, 1971, Walker…